Manoj Paswan @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51511 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.

MANOJ PASWAN @ MANOJ KUMAR S/O SRI RAJ NANDAN PASWAN Residnet of village- Chintamanchak, P.S.- Pandarak, DistrictPatna. 2.

PANKAJ KUMAR S/O SRI MANOJ PASWAN Residnet of villageChintamanchak, P.S.- Pandarak, District- Patna. 3.

VIBHISHAN PASWAN S/O LATE AVADH BIHARI PASWAN Residnet of village- Chintamanchak, P.S.- Pandarak, District- Patna. 4.

MUKESH PASWAN @ MUKESH KUMAR S/O SRI MAHENDRA PASWAN Residnet of village- Chintamanchak, P.S.- Pandarak, DistrictPatna. 5.

NAGENDRA PASWAN @ NAGENDRA KUMAR S/O SRI RAJ NANDAN PASWAN Residnet of village- Chintamanchak, P.S.- Pandarak, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner nos. 1 and 2 have been arrested and, as such, it has become infructuous with respect to them. They, therefore, seek permission to withdraw this petition with respect to them.

Patna High Court CR. MISC. No.51511 of 2022(2) dt.19-01-2023 2/3 In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 1 and 2.

So far as petitioner nos. 3, 4 and 5 are concerned, they apprehend their arrest in connection with Pandarak P.S. Case No. 30 of 2022, G.R. No.- 432 of 2022, registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that the dispute arose on a trivial issue of tiding the cattle. Both the parties are fighting with each other. There is case and counter case and there is no specific allegation on the petitioner to assault anybody, rather the allegation is general and omnibus. The specific allegation to assault the son of the informant is on co-accused Satendra Paswan.

Considering the above-mentioned facts and circumstances, let petitioner no. 3, 4 and 5 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Barh in connection with Pandarak P.S. Case No. 30 of 2022, G.R. No.- 432 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.51511 of 2022(2) dt.19-01-2023 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Nirmal U T